1 min read

When subtle hints aren’t enough

The Case

McCallum v Everstone Pty Ltd (2022)

Everstone Pty Ltd dismissed its employee, Ms McCallum, for:

  • being rude to customers;
  • receiving complaints from customers about her;
  • her inability to touch-type, which meant she was too slow in her work;
  • her inability to multi-task; and
  • her refusal to follow instructions.

Ms McCallum claimed when she was dismissed she was told it had nothing to do with her performance and was “just a business decision”.

Ms McCallum commenced unfair dismissal proceedings in the Fair Work Commission (FWC).

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